When Florida Group Homes Go Too Far: Illegal Use of Restraints Under Chapter 393, Florida Statutes and Rule 65G-2 of the Florida Administrative Code

Adults with developmental disabilities who live in Florida group homes do not surrender their legal rights at the front door. Under Chapter 393, Florida Statutes, and the administrative rules governing group homes, they retain a protected right to dignity, humane treatment, and freedom from unnecessary or excessive restraint. When a Florida group home imposes physical holds, seclusion practices, or chemical sedation in ways that exceed the limits established by law, such conduct may constitute abuse and, when it results in psychological trauma, mental anguish, physical injury, or death, can expose the group home to civil liability.

What is a “Restraint” in the Florida Group Home Setting

In the group home setting, a “restraint” is defined as a physical device, method, or drug used to control dangerous behavior. See Fla. Stat. § 393.063(36).

• A physical restraint includes any manual method or mechanical device attached or placed near a resident’s body that restricts freedom of movement or normal access to one’s body, particularly when the individual cannot easily remove it.

• A chemical restraint, that is, a drug used as a restraint, includes medication administered to control behavior or restrict movement when it is not a standard treatment for the individual’s medical or psychiatric condition. Even physically holding a resident to forcibly administer psychotropic medication qualifies as physical restraint under Florida law.

In short, when a physical device or drug is used primarily to control behavior rather than to treat a legitimate medical condition, Florida law treats that intervention as a restraint. And once conduct qualifies as a restraint, it becomes subject to the limitations and protections imposed by Chapter 393 and the administrative rules governing Florida group homes.

Resident Rights Under Chapter 393, Florida Statutes Regarding Illegal Restraints in Florida Group Homes

Chapter 393 reflects the Legislature’s intent to minimize and achieve an ongoing reduction in the use of restraint and seclusion in facilities serving persons with developmental disabilities. See Fla. Stat. § 393.13(2)(d)8. To that end, Florida Statute § 393.13(3) and (4), establish the rights for persons with developmental disabilities, including those receiving services in Florida group homes. Among the most critical protections are the following:

✅ The right to dignity, privacy, and humane care

✅ The right to be free from abuse, neglect, and exploitation

✅ The right to services provided in the least restrictive conditions necessary to achieve treatment goals

✅ The right to be free from harm, including unnecessary physical, chemical, or mechanical restraint, isolation, and excessive medication

The statute further provides that restraints may be employed only in emergencies or to protect the resident or others from imminent injury, while also establishing circumstances where restraints cannot be used. Under Florida Statute § 393.13(4)(h), restraints may not be used in group homes:

❌ As punishment

❌ For staff convenience

❌ As a substitute for an appropriate support or behavior plan

When restraints are used, they must impose the least possible restriction consistent with their purpose and must be removed once the emergency ends. See Fla. Stat. § 393.13(4)(h). They must not cause physical injury and must be designed to allow the greatest possible comfort. See Fla. Stat. § 393.13(4)(h).

A Florida group home may be held civilly liable for damages if it violates these statutory rights and cause harm to a group home resident.

Local Review Committee Approval Is Required Prior to Restraint Use

Under Rule 65G-2.009(8)(c), Florida Administrative Code emergency intervention procedures that use restraint or seclusion, or that cause physical discomfort, require approval from a Local Review Committee prior to implementation. A Local Review Committee is a committee established pursuant to 65G-2.008, F.A.C., to provide oversight of behavioral services to Agency clients in a service region. See 65G-2.001(22), F.A.C. This means a Florida group home cannot independently create and implement restraint-based emergency procedures without oversight. If a group home cannot produce evidence of Local Review Committee approval, the restraint procedure may have been implemented in an unlawful manner.

When the Use of Restraints in a Florida Group Home Becomes Abuse

The use of restraints may constitute abuse when they are:

❌ Unnecessary

❌ Excessive

❌ Not supported by an approved behavior plan

❌ Implemented without required Local Review Committee approval

❌ Used as punishment

❌ Used for staff convenience

❌ Used to compensate for inadequate staffing

❌ Repeated without corrective action

When unlawful restraint results in physical injury, psychological trauma, behavioral regression, sustained fear, or death, the resident or the resident’s legal representative may pursue civil remedies.

Speak With a Florida Group Home Abuse, Neglect, and Wrongful Death Attorney

If your loved one was physically or chemically restrained in a Florida group home and suffered injury or death, contact the experienced group home attorneys at FIDJ for a free, no-pressure case review.

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Frequently Asked Questions Regarding Restraints in Florida Group Homes

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1. Are restraints legal in Florida group homes?

Restraints are permitted in Florida group homes only in emergencies or to protect a resident or others from imminent injury. Under Chapter 393, Florida Statutes, restraints may not be used as punishment, for staff convenience, or as a substitute for an appropriate support or behavior plan tailored to the resident’s needs.

2. What qualifies as an illegal restraint in a Florida group home?

An illegal restraint in a Florida group home includes any physical device, manual hold, mechanical method, or medication used to control behavior that is unnecessary, excessive, not supported by an approved behavior plan, or not used in response to a true emergency. Under Chapter 393, Florida Statutes restraints may not be used as punishment, for staff convenience, or as a substitute for a support plan that accounts for the specific needs of the residents. When used outside those limits, restraint may constitute abuse.

3. Can a Florida group home medicate a resident to control behavior?

A Florida group home may administer medication as part of legitimate medical or psychiatric treatment prescribed for a diagnosed condition. However, when medication is used primarily to control behavior, restrict movement, or sedate a resident for staff convenience rather than for therapeutic purposes, it may qualify as a chemical restraint under Florida law.

Chemical restraints are subject to the same statutory limitations as physical restraints under § 393.13. If medication is used outside those limits, causing resident harm, the practice may constitute abuse and give rise to civil liability.

4. What damages can result from unlawful physical restraint in a Florida group home?

Unlawful physical restraint can cause fractures, bruising, head injuries, shoulder dislocations, positional asphyxia, and, in severe cases, death. Beyond physical injury, residents may suffer documented psychological trauma, behavioral regression, anxiety, sleep disturbance, and sustained fear of caregivers.

When unlawful physical restraint results in measurable physical or psychological harm, the resident or the resident’s legal representative may pursue civil remedies under Florida law.